TITLE

Preservation Prevails over Commercial Interests in the Wilderness Act: Wilderness Society v. United States Fish & Wildlife Service

AUTHOR(S)
Ryan, Katherine Daniels
PUB. DATE
August 2005
SOURCE
Ecology Law Quarterly;2005, Vol. 32 Issue 3, p539
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In Wilderness Society v. United States Fish & Wildlife Service, the Ninth Circuit en banc evaluated the appropriateness of a sockeye salmon stocking project in the Kenai Wilderness of Alaska. The court held that the project violated the Wilderness Act because its purpose and effect were to aid the commercial fishing industry. The Wilderness Act explicitly prohibits commercial enterprise within wilderness areas, and so the Fish & Wildlife Service's decision to grant a special use permit was not given deference. This decision is important because it places the Wilderness Act's mandate for preservation beyond judicial deference to federal agency's land management decisions whenever there is an arguably commercial enterprise in a wilderness area. The holding also creates a presumption that activities with commercial overtones will violate the Wilderness Act even if they are benign to wilderness values.
ACCESSION #
19324121

 

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